Juvenile-justice Transfers Worry Some Lawmakers

Several state lawmakers, including the chairmen of two key legislative committees, say they are troubled by the way Florida shuffles underage offenders from treatment program to treatment program.

They expressed concern this week after an Orlando Sentinel report documenting a state juvenile-justice system that regularly transfers offenders to new programs, holding them longer than expected.

Rep. Faye Culp, R-Tampa, who heads the House Juvenile Justice Committee, said that, based on the Sentinel's report, she wants to take some power away from the Florida Department of Juvenile Justice and give it to judges.

"I really feel the state should step in and provide some rules that make it tougher to transfer children from one place to another," Culp said.

The Sentinel reported Sunday that DJJ transferred 3,631 young offenders over a five-year period, often adding months or years to how long they were locked up. That's because, once they were moved, they usually had to start their treatment from scratch.

The Sentinel identified 1,629 transferred offenders who were locked up 50 percent longer than average, a mark that legislative auditors two years ago called wasteful. The cost of treatment for transferred offenders who surpassed that mark totaled at least $20.3 million, the Sentinel estimated.

The newspaper based its findings on a department database that included transfers from fiscal 1999 through 2003.

DJJ spokesman Tom Denham said Thursday that the data his agency provided the Sentinel were "flawed" in that it caused the newspaper to underestimate the true cost of transfers. He also said the data were outdated.

"The story may have had some good points that were relevant from 2001 to 2003, but it's not indicative of what's happening at this time under this secretary," he said, referring to Anthony Schembri, who was appointed in June to head the department.

Denham said the number of transfers for the first nine months of this year was down sharply from the same period a year ago. But the numbers he used did not include dozens of cases the agency formerly counted, such as those stemming from programs that were closed.

Denham said the new numbers are more accurate.

Culp said she was especially troubled by the Sentinel's findings that some offenders were transferred again and again. That happened to 387 youngsters during the five years, according to the newspaper's analysis. Five offenders were transferred four times.

Charles Chervanik, DJJ assistant secretary in charge of residential programs, told the Sentinel that he didn't see transferring an offender three or four times as a bad thing, "if it's necessary to treat that kid."

Culp said she is not convinced repeated transfers were necessary.

"I plan to talk to Secretary Schembri about it," she said.

Culp said she wants to give judges more control over where offenders are sent. Currently, a judge cannot place an offender in a specific program. The department makes all placement decisions.

Rep. Mitch Needelman, R-Palm Bay, agreed with Culp.

"The Legislature believes judges should be playing a role in placement because the judges are the ones who deal with the kids as they cycle into the system over and over," Needelman said.

Rep. Sandra Adams, R-Oviedo, who serves on the Florida House Justice Appropriations Committee, said she wants some answers from the department.

She said she was troubled by the Sentinel's account of a 14-year-old boy arrested in Bay County who was transferred and eventually locked away for four years at a cost to taxpayers of about $160,000.

"I'm going to ask what it was and how did that happen and what was the rationale behind it," she said.

Rep. Gus Barreiro, R-Miami Beach, who heads that appropriations committee, said he was concerned about the millions of dollars the department spent to treat transferred offenders whose stays dragged on and on.

"It's almost like you're finding ways to keep the kid in the system," he said.

Denham defended department practices, saying transfers help get offenders into the right treatment programs.